Bill Text: NY S08590 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires website operators to allow minors who have posted certain content to remove such content; defines terms; requires website operators to provide notice to all minors that such minors may remove, or request removal of, content or information posted on the operator's Internet website, online service, online application, or mobile application by the registered users; makes exceptions; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-05-10 - REFERRED TO CONSUMER PROTECTION [S08590 Detail]
Download: New_York-2017-S08590-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8590 IN SENATE May 10, 2018 ___________ Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to requiring website operators to allow minors who have posted certain content to remove such content The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 390-bb to read as follows: 3 § 390-bb. Social media removal by website operators. 1. For the 4 purposes of this section the folloiwng terms shall have the following 5 meanings: 6 (a) "Minor" means a person under the age of twenty-one who resides in 7 this state. 8 (b) "Operator" means any person or entity that owns an Internet web 9 site, online service, online application, or mobile application. It does 10 not include any third party that operates, hosts, or manages, but does 11 not own, an Internet web site, online service, online application, or 12 mobile application on the owner's behalf or processes information on the 13 owner's behalf. 14 (c) "Posted" means content or information that can be accessed by a 15 user in addition to the minor who posted the content or information, 16 whether the user is a registered user or not, of the Internet web site, 17 online service, online application, or mobile application where the 18 content or information is posted. 19 2. An operator of an Internet web site, online service, online appli- 20 cation, or mobile application directed primarily to minors or an opera- 21 tor of an Internet web site, online service, online application, or 22 mobile application that has actual knowledge that a minor is using its 23 Internet web site, online service, online application, or mobile appli- 24 cation shall do all of the following: 25 (a) Permit minors who are users of such web sites or applications to 26 remove or request to the operator of the web site to remove any content 27 that they have created or posted to the web site. Users older than twen- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15863-01-8S. 8590 2 1 ty-one shall be permitted to remove or request to the operator of the 2 web site to remove any content created or posted when the user was under 3 twenty-one except when that content was created or posted more than 4 twenty years before the request was made; 5 (b) Provide notice to all minors who are registered users of the oper- 6 ator's Internet web site, online service, online application, or mobile 7 application that the minor may remove or, if the operator prefers, 8 request and obtain removal of, content or information posted on the 9 operator's Internet web site, online service, online application, or 10 mobile application by the registered users; 11 (c) Provide clear instructions to minors who are registered users of 12 the operator's Internet web site, online service, online application, or 13 mobile application on how the user may remove or, if the operator 14 prefers, request and obtain the removal of content or information posted 15 on the operator's Internet web site, online service, online application, 16 or mobile application; and 17 (d) Provide notice to minors who are registered users of the opera- 18 tor's Internet web site, online service, online application, or mobile 19 application that the removal described under paragraph (a) of this 20 subdivision does not ensure complete or comprehensive removal of the 21 content or information posted on the operator's Internet web site, 22 online service, online application, or mobile application by the regis- 23 tered users. 24 3. An operator or a third party is not required to erase or otherwise 25 eliminate, or to enable erasure or elimination of, content or informa- 26 tion in any of the following circumstances: 27 (a) Any other provision of federal or state law requires the operator 28 or third party to maintain the content or information; 29 (b) The content or information was stored on or posted to the opera- 30 tor's Internet web site, online service, online application, or mobile 31 application by a third party other than the minor, who is a registered 32 user, including any content or information posted by the registered user 33 that was stored, republished, or reposted by the third party; 34 (c) The operator anonymizes the content or information posted by the 35 minor who is a registered user, so that the minor who is a registered 36 user cannot be individually identified; 37 (d) The minor does not follow the instructions provided to the minor 38 pursuant to paragraph (c) of subdivision two of this section on how the 39 registered user may request and obtain the removal of content or infor- 40 mation posted on the operator's Internet web site, online service, 41 online application, or mobile application by the registered user; and 42 (e) The minor has received compensation or other consideration for 43 providing the content. 44 4. This section shall not be construed to limit the authority of a law 45 enforcement agency to obtain any content or information from an operator 46 as authorized by law or pursuant to an order of a court of competent 47 jurisdiction. 48 5. An operator shall be deemed complaint with this section if: 49 (a) It renders the content or information posted by the minor user no 50 longer visible to other users of the service and the public even if the 51 content or information remains on the operator's servers in some form. 52 (b) Despite making the original posting by the minor user invisible, 53 it remains visible because a third party has copied the posting or 54 reposted the content or information posted by the minor.S. 8590 3 1 6. This section shall not be construed to require an operator of an 2 Internet web site, online service, online application, or mobile appli- 3 cation to collect age information about users. 4 § 2. This act shall take effect immediately.
